Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2010-11 Rafiqul Hasan V/S. Income Tax Officer, Hind Apartment, 2Nd Floor, Ward-47(2) 3, Govt. Room No. 207, 545 G.T. Place (West), Road (South) Kolkata-700001 Howrah-711101 [Pan No.Aatph 3151 Q] .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 27-08-2018 सुनवाई क" तार"ख/Date Of Hearing घोषणा क" तार"ख/Date Of Pronouncement 19-09-2018 आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (Appeals)-14, Kolkata’S Order Dated 30.01.2017, Passed In Case No.75/Cit(A)-14/Cir-47/2015-16, In Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee’S Behest. The Registry Had Already Sent An Rpad Notice Dated 06.07.2018 As Well. We Therefore Proceed Ex Parte Against Assessee. 2. Learned Departmental Representative Vehemently Contends During The Course Of Hearing That Both The Lower Authorities Have Rightly Made The Impugned Disallowance Of ₹38 Lac U/S 40A(3) Of The Act As The Assessee Had Made Cash Payments To His Wife In Violation Of Prescribed Modes As Rightly
disallowed the entire sum. During appeal the appellant’s main contention is that since the genuineness of the deposit was not doubted by the AO there was no question of invocation of section 40A(3) of the Act. He has also stated that the said amount of cash has been already been penalized in the hands of the appellant